September 14th, 2022
Dear Residents,
In this email below, is the proposed Governing Document Amendments that will be set to vote on beginning next week. All proposed revisions are in bold, and the Articles are underlined. A separate email will be sent out explaining the voting as well as providing you with a helpful guide to help explain each proposed change per section of the CCR’s, as there is a lot of information provided below. Should you have any questions, please feel free to reach out to me at scotta.matthews@fsresidential.
It is proposed that Article III of the Declaration of Covenants, Conditions, and Restrictions, “Regulations Concerning the Use of Lots” be revised as follows:
1.
Article III, Section 3.1(g), related to vehicles and parking, currently provides, in pertinent part(s), that “[n]o Owner shall cause more than three (3) vehicles per lot … to be parked on his Lot” and that the “[p]arking of trucks, recreational vehicles, trailers, or boat trailers by or on a Lot or on a Common Area (other than a Common Area designated for such purpose is prohibited”, and “[n]o repair work on automobiles or mechanical vehicles, or any other like work, shall be performed by or on any Lot or any Common Area.”
It is proposed that this provision, related to the number of permitted vehicles and parking, be revised as follows:
- The following shall be added after the first sentence in Section 3.1(g):
“Notwithstanding the foregoing, more than three (3) vehicles may be permitted to be parked on a Lot, with the prior, written approval of the Design and Review Committee.”
- The second to last sentence in Section 3.1(g) shall be replaced with:
“Parking of trucks, recreational vehicles, trailers, or boat trailers by or on a Common Area (other than a Common Area designated for such purpose) is prohibited. Parking of Class 1, Class 2 and Class 3 trucks with a Gross Vehicle Weight Rating (GVWR) of 14,000 pounds or less, recreational vehicles, trailers, or boat trailers on a Lot may be permitted with the prior, written approval of the Design and Review Committee.”
- The last sentence in Section 3.1(g) shall be replaced with:
“No repair or maintenance work on automobiles or other vehicles, or any other like work, shall be performed on any Common Area. Minor work on automobiles or other vehicles of an “ordinary maintenance” nature shall be permitted on Lots, including, by way of example, flat tire changes, oil changes, tire rotations, “topping off” of tire air pressure and fluids, wiper blade replacements, car washing, detailing and vacuuming. “Major” work, including but not limited to, bodywork, engine overhauls, tire mounting on wheels, transmission work, the change or repair of mechanical, chassis or body parts, is not permitted on any Lot.”
2.
Article III, Section 3.1(h), contains language related to restrictions on businesses or trades being conducted in the community. It is proposed that the following sentence be added as the last sentence in Section 3.1(h) to clarify acceptable “work from home” situations:
“Notwithstanding the foregoing, home-based occupations (i.e., “work from home”) that do not add traffic or noise, and/or that do not involve clients or customers visiting any Lot for any purpose,
and/or do not involve company equipment and vehicles being stored on site and/or entering and leaving any Lot, and/or that do not interfere with any Owner’s quiet enjoyment of any Lot in any manner and/or otherwise do not impose on the community and/or any Owner, are permitted. All such uses are subject to Township zoning and use ordinances and state and federal laws and regulations.”
3.
Article III, Section 3.1(k), contains language related to restrictions related to hedges being “placed on any Lot or any yard space located under, in front of, and/or adjacent to a Residential Dwelling Unit without the prior written approval from the Design Committee and the Architectural Control Board.”
It is proposed that the following sentence, related to hedges, be added as the new third sentence in Section 3.1(k):
“Notwithstanding the foregoing, hedges are permitted to be placed on a Lot, to act as a natural barrier, with the prior, written approval of the Design and Review Committee.”
4.
Article III, Section 3.1(c), contains language related to restrictions related to placing objects beyond the interior walls of a Residential Dwelling without the written approval of the Association, as well as language related to restrictions related to hanging objects, including flags, outside of a Residential Dwelling without the written approval of the Association.
It is proposed that the following sentence be added as the last sentence in Section 3.1(c) to clarify that certain flags are permitted and that some items that are permitted to be placed/installed:
“Notwithstanding the foregoing:
- The American flag, Pennsylvania state flag, and military branch flags, all of reasonable size, as well as small, decorative garden flags, are permitted without the approval of the Design and Review Committee.
- Window and/or wall air conditioning units and satellite dishes not exceeding one meter in size are permitted to be placed/installed and may be visible from the outside of a Residential Dwelling, with the prior, written approval of the Design and Review Committee.”
5.
Article III, Section 3.1(o), provides that no trees over two (2) inches in diameter may be removed from any Lot without the approval of the Association, or the Design Committee.
It is proposed that the threshold diameter be increased to four (4) inches instead of two (2) inches and that Section 3.1(o) be revised to read as follows:
“No trees over four (4) inches in diameter shall be removed from any Lot without the prior written approval of the Association or the Design Committee. Clear-cutting of Lots is prohibited.”
6.
Article III, Section 3.1(w), provides that motorbikes are permitted for transportation on roads.
It is proposed that the following sentence be added as the last sentence in Section 3.1(w) to clarify what is permitted in the community:
“Only registered (with PA DOT/DMV) motorbikes are permitted. The operation of non-registered ATVs, UTVs, trikes, quads, minibikes, dirt bikes, snowmobiles, and/or other similar “non-registered” vehicles is prohibited on any Common Area and/or Lot.”
It is proposed that Article IV of the Declaration of Covenants, Conditions, and Restrictions, “Design Committee” be revised as follows:
1.
Article IV, “Design Committee”, Section 4.1, “Creation” currently provides for a standing committee of the Board of Directors known as the “Design Committee”.
It is proposed that the following sentence be added as the last sentence in the first paragraph of Section 4.1 to clarify the authority provided to the Design Committee:
“The Design Committee is a standing committee of the Board of Directors, and its authority is limited and cannot supersede/override any decision of the Board of Directors on any issue for which the Design Committee has authority. In the event of a conflict between a decision of the Design Committee and the Board of Directors on any issue, the decision of the Board of Directors shall control.”
2. Article IV, “Design Committee”, Section 4.2, “Membership”, currently provides for an architect to be a member designated as the “architect member”, and that an alternate architect member also be present.
It is proposed that an architect member is no longer required/necessary for the Design Committee and that Section 4.2 be replaced with the following in its entirety:
4.2 Membership. The Design Committee shall consist of three (3) members to be appointed by the Board of Directors, all of whom are required to be Owners.”
3.
Article IV, “Design Committee”, Section 4.11, “Remedy” currently provides for certain remedies available to the Association for an Owner’s failure to maintain or repair a Lot, and/or shall make changes to a Residential Dwelling Unit or Improvement without the required approval(s). Section 4.11 currently provides as follows:
“If the Association or any Owner shall fall to maintain or repair any Lot, Residential Dwelling Unit, or Improvement for which it is responsible or shall change (or permit a change to be made in) the color, material, finish or any other aspect of any Residential Dwelling Unit or Improvement, without complying with the provisions of this Article and Article V, or the rules and regulations adopted hereunder then, in addition to any remedies, which the Architectural Control Board or Design Committee may have hereunder, or by law and without waiving any of such remedies, the Design Committee or Architectural Control Board shall have the right to enter upon any Lot, Residential Dwelling Unit and Improvement thereon, or Improvement and repair, maintain or restore such Lot, or the exterior of any Residential Dwelling Unit, or Improvement and to do whatever it deems necessary or appropriate to remedy any such failure or to correct and restore any improper condition. The cost (as determined by the Design Committee or Architectural Control Board) of any such corrective work shall be charged to the Owner or Association that is responsible for the maintenance of such Lot or Residential Dwelling Unit or Improvement. If the Owner fails to pay such cost to the Design Committee or Architectural Control Board within thirty (30) days after demand, then the cost thereof shall be a Personal Charge hereunder payable directly to the Design Committee or Architectural Control Board, by such Owners. If the Owner shall fail to pay such to the Design Committee or Architectural Control Board within thirty (30) days after demand, then the cost thereof shall be assessed as a Special Assessment and payable by all members of the Association directly to the Design Committee or Architectural Control Board.”
It is proposed that Section 4.11 be revised to read as follows, to clarify that an Order of court will be required for the Association to enter any Lot and remedy any issue it has authority to remedy and that the cost(s) related to the remedy and any required legal action shall be the responsibility of the Owner:
“If the Association or any Owner shall fall to maintain or repair any Lot, Residential Dwelling Unit, or Improvement for which it is responsible or shall change (or permit a change to be made in) the color, material, finish or any other aspect of any Residential Dwelling Unit or Improvement, without complying with the provisions of this Article and Article V, or the rules and regulations adopted hereunder, then, in addition to any remedies which the Architectural Control Board or Design Committee may have hereunder, or by law and without waiving any of such remedies, after seeking and obtaining an appropriate equitable Order from the court granting the Association the right of entry on an Owner’s Lot, Residential Dwelling Unit and Improvement thereon, the Association shall have the right to enter upon any Lot, Residential Dwelling Unit and Improvement thereon, to repair, maintain, remediate or restore such Lot, or the exterior of any Residential Dwelling Unit, or any Improvement to do whatever it deems reasonably necessary or appropriate to remedy any such failure or to correct and restore any improper condition. The actual remedy cost of any such corrective work shall be charged to the Owner or Association that is responsible for the maintenance of such Lot or Residential Dwelling Unit or Improvement. If the Owner fails to pay such remedy cost within thirty (30) days after demand, the outstanding remedy cost shall constitute an assessment and a lien against the Lot and shall be collectible in the same manner as provided for in the collection of assessments. All legal fees, interest, court costs, and other fees incurred in the collection of the remedy cost shall be the responsibility of the Owner.
It is proposed that Article V of the Declaration of Covenants, Conditions, and Restrictions, “Construction and Alteration of Improvements to Lots” be revised as follows:
1.
Article V, Section 5.1, “Size and Height”, at Section 5.1(a), related to the size of a Residential Unit in the community provides, in pertinent part, that “[e]very Residential Dwelling Unit constructed on a Lot subject to this Declaration shall contain no less than 1,200 square feet of fully enclosed heated floor area devoted to living purposes ….”
It is proposed that this provision, related to parking, be revised to provide as follows: “[e]very Residential Dwelling Unit constructed on a Lot subject to this Declaration shall contain no less than 2,000 square feet of fully enclosed heated floor area devoted to living purposes ….”
2. It is proposed that the following sentence be added as a new Section 5.1(e) related to gardens:
“One (1) garden is permitted to be installed on each Lot and the garden must be located to the rear of the Residential Dwelling Unit on the Lot. The garden is limited to a maximum size of 120 square feet (a 12’ by 10’ garden), and, if screened, the screening must be green in color, and be either plastic garden fencing or PVC coated welded wire garden fencing. The screening may not be installed to serve as “perimeter” (Lot) fencing and is only permitted to be installed to surround/cover the designated garden area. No garden may be installed without the prior written approval of the Design Committee.”
3. Article V, Section 5.3, “Approval Submission”, relates, in part to Owners performing work to a Residential Dwelling Unit which requires the approval of the Design Committee.
It is proposed that Sections 5.3(d), (e), and (h) be revised as follows to clarify what is required for construction or work that is “structural” in nature versus construction or work that is non-structural in nature:
- Section 5.3(d) shall be revised to provide as follows:
“Construction or work of a structural nature to any Residential Dwelling Unit shall be commenced no later than ninety (90) days after final approval has been issued by the Design Committee and Architectural Control Board. Construction or work of a non-structural nature to any Residential Dwelling Unit shall be commenced no later than thirty (30) days after final approval has been issued by the Design Committee and Architectural Control Board. For purposes of Section 5.3 herein, construction or work to a Residential Dwelling Unit of a “structural nature” shall mean additions and construction requiring a township permit, and construction or work to a Residential Dwelling Unit of a “non-structural nature” shall include landscaping, driveways, and other work not requiring a township permit.
- Section 5.3(e) shall be revised to provide as follows:
“Construction or work of a structural nature to any Residential Dwelling Unit shall be completed no later than one (1) year after final approval has been issued by the Design Committee and Architectural Control Board. Construction or work of a non-structural nature to any Residential Dwelling Unit shall be completed within ninety (90) days after final approval has been issued by the Design Committee and Architectural Control Board.”
- Section 5.3(h) shall be revised to provide as follows:
“Approval as hereinbefore provided for construction or work of a structural nature to any Residential Dwelling Unit shall be effective for a period of one (1) year. Approval as hereinbefore provided for construction or work of a non-structural nature to any Residential Dwelling Unit shall be effective for a period of ninety (90) days. If the Owner does not complete the approved construction or work prior to the expiration of the applicable effective period of time as provided herein, the approval shall be deemed revoked and the construction or work must cease immediately. The Owner shall be required to reapply for approval and resubmit any final plans and specifications for approval. The Design Committee or Architectural Control Board shall not be bound by any previous decision in reviewing again such plans and specifications but shall either grant a reasonable extension or approve or disapprove the same in writing within the same time periods for an original approval. The Design Committee may require another inspection fee.
It is proposed that Article XXI of the Declaration of Covenants, Conditions, and Restrictions, “Miscellaneous”, Section 21.6, “Notices”, be revised as follows:
Article XXI, Section 21.6 provides that notices required to be given to any Owner shall be sent via mail to the Owner’s last known address as it appears on the records of the Association, or by personal delivery to the Owner’s Lot.
It is proposed that Article XXI, Section 21.6 be revised to include a new section 21.6(iii). Section 21.6 will therefore provide as follows:
“21.6 Notices. Any notice required to be sent to any Owner under the provisions of this Declaration or the By-Laws shall be deemed to have been properly sent when (i) mailed, postage prepaid, to the Owner’s last known address as it appears on the records of the Association at the time of such mailing; or (ii) when delivered personally to the Owner’s Lot; or (iii) emailed to the Owner to an email address provided to the Association by the Owner, following the Owner’s express, prior written request/selection to “opt-in” to allow the Association to send all Association notices to the Owner via email.”
Sincerely,
Scott Matthews Jr.
Community Manager
